| (1) |
A complaint referred to in section 6(1) of the Act shall (subject to the provisions of sub-rule 5(4) and (5)) contain the following personal information in addition to the information required in section 6(1)(a) of the Act: |
| (a) |
The full names of the complainant; |
| (b) |
the physical and postal address of the complainant; |
| (c) |
the telephone and facsimile numbers of the complainant and his or her e-mail address, if available; and |
| (d) |
any other information that identifies the complainant. |
| (2) |
If a complaint is lodged on behalf of another person or organisation, the complaint shall contain the information required in sub-rule (1) in respect of that person or organisation. |
| (3) |
A complaint shall contain the following additional information about the incident or matter concerned: |
| (a) |
The place and date of the occurrence; |
| (b) |
particulars of the employees or officials of the state institution involved in the incident or matter concerned, if known; |
| (c) |
the names and addresses of any person who could provide information relevant to the complaint; |
| (d) |
information regarding other steps that he or she has taken in an attempt to pursue and exhaust the internal remedies or channels of complaint with the state institution concerned which they could be reasonably expected to use prior to lodging a complaint with the Public Protector; |
[Rule 5(3)(d) substituted by section 6 of Notice No. 1047, GG43758, dated 2 October 2020]
| (e) |
an indication whether or not the same complaint was lodged with any other institution or authority and, if so, the outcome thereof; |
| (f) |
particulars of any person who was involved in an attempt to resolve the complaint; |
| (g) |
the remedial action sought or the outcome sought to be achieved by the investigation; and |
| (h) |
any other relevant information or documents that may be used during the investigation. |
| (4) |
If a complaint lodged with the Public Protector contains any disclosure of information deemed to be a protected disclosure in terms of section 8(1)(a) of the Protected Disclosures Act, 2000 (Act No. 26 of 2000), the requirements of the said section and the Protected Disclosures Act, 2000, shall apply. |
| (5) |
A complainant wishing to remain anonymous, does not need to include his/her personal details as provided in sub-rule (1) above as long as sufficient information is provided about the incident or matter concerned as required in sub-rule (3). |
| (6) |
A complaint lodged after two years from the occurrence of the incident or matter concerned, as provided for in section 6(9) of the Act, shall contain the following additional information: |
| (a) |
The reasons for the delay in lodging a complaint; |
| (b) |
the special circumstances that will inform the Public Protector why the complaint must be investigated; and |
| (c) |
any other information that might assist the Public Protector in determining the availability of evidence, witnesses or records to facilitate the investigation. |
Older Persons Act, 2006
